The defendant is a witness of Jehovah who is subject to enlistment in active duty service.

On November 13, 2014, the Defendant received a written notice of enlistment in active duty service under the name of the head of the Seoul Regional Military Affairs Administration on December 16, 2014 from his house located in Dobong-gu Seoul Metropolitan Government 104 Dong 402, to the supplementary unit on December 102, 2014, but did not enlist until December 19, 2014, for which three days have passed from the date of said enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing enlistment notice, written notification, and certificate of delivery for registration;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant refused enlistment based on his religious belief or conscience as a female witness, and this constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, it does not constitute a violation of the Military Service Act against the Defendant.

The argument is asserted.

On the other hand, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that if the national security is not secured because the duty of military service is not fulfilled properly, it is not possible to guarantee the dignity and value of the people as human beings.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, so even if the freedom of conscience of a defendant is restricted in accordance with Article 37(2) of the Constitution, it is a legitimate restriction permitted under the Constitution.

B. In order to secure the fulfillment of the duty of military service, there is a wide range of legislative discretion on whether to impose punishment on the refusal of enlistment in active service, and whether to recognize the alternative service.

Therefore, a person who refuses enlistment on the grounds of conscience and religious freedom can substitute enlistment on active duty.